JUDGMENT

Lindsay, J. - A suit was. brought by the plaintiffs, a firm of chemists in Moradabad, against the defendants, also a firm of chemists carrying on a business in Benares. The amount in dispute was Rs. 61-10 0 and this sum was claimed by the plaintiffs on account of an alleged breach of contract. The main defence to the suit was that there was no contract between the parties. The lower Court found in favour of the plaintiffs and decreed the claim. There were several other points debated in the Court below but here I am concerned only with the question whether or not there was a binding contract between the parties The facts may be briefly stated as follows: On the 7th of February 1918 the plaintiffs wrote to the defendants enquiring the price at which they could supply cocaine. The defendants replied on the 13th of February 1918 informing the plaintiffs that the rate for cocaine was Rs. 20 per ounce "without engagement." The meaning of this latter expression is that as the market rate of cocaine was varying from day to day, the defendants were unable to quote any definite rate for the article.

2. On the 14th of February the plaintiffs pent to the defendants a money order for Rs